NOTE: The governor signed this measure on 5/28/2013.

HOUSE BILL 13-1081

BY REPRESENTATIVE(S) Duran, Buckner, Fields, Hamner, Kagan,

McCann, Moreno, Court, Fischer, Ginal, Hullinghorst, Labuda, May,
McLachlan, Melton, Pettersen, Rosenthal, Ryden, Salazar, Schafer, Tyler,
Williams, Young, Levy, Singer, Ferrandino;
also SENATOR(S) Todd, Carroll, Giron, Guzman, Hodge, Hudak, Jones,
Kerr, Newell, Nicholson, Steadman, Tochtrop, Ulibarri.

CONCERNING HUMAN SEXUALITY EDUCATION.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, repeal 22-1-110.5.
SECTION 2. In Colorado Revised Statutes, add 22-1-128 as
follows:
22-1-128. Comprehensive human sexuality education - legislative
declaration - definitions - guidelines and content standards. (1) (a) THE
GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(I) COLORADO YOUTH HAVE A RIGHT TO RECEIVE MEDICALLY AND
SCIENTIFICALLY ACCURATE INFORMATION TO EMPOWER THEM TO MAKE
INFORMED DECISIONS THAT PROMOTE THEIR INDIVIDUAL PHYSICAL AND
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.

MENTAL HEALTH AND WELL-BEING;

(II) THIS RIGHT APPLIES TO ALL YOUTH, REGARDLESS OF GEOGRAPHIC

LOCATION, ETHNIC OR RACIAL BACKGROUND, FAMILY INCOME, PHYSICAL OR
INTELLECTUAL ABILITY, SEXUAL ORIENTATION, OR GENDER EXPRESSION;
(III) PARENTS, CAREGIVERS, COMMUNITY ORGANIZATIONS, AND
OTHER TRUSTED ADULTS SERVE AS AN ESSENTIAL PART OF THE EDUCATION
PROCESS AND MAY RELY ON HEALTH, EDUCATION, AND OTHER
PROFESSIONALS TO PROVIDE EVIDENCE-BASED INFORMATION THAT
EMPOWERS YOUTH TO MAKE DECISIONS THAT ARE CONSISTENT WITH THEIR
OWN VALUES AND LIFE GOALS;
(IV) THE INFORMATION, EDUCATION, AND SKILLS THAT COLORADO
YOUTH RECEIVE DURING THEIR FORMATIVE YEARS PROVIDE THE
FOUNDATION FOR RESPONSIBLE DECISION-MAKING ABOUT PERSONAL
BEHAVIORS AND IMPORTANT LIFE DECISIONS THROUGHOUT THE REST OF
THEIR LIVES;

(V)
IT IS IMPORTANT FOR YOUTH TO UNDERSTAND THE
CONSEQUENCES OF THE INCONSISTENT OR IMPROPER USE OF SEXUAL
ABSTINENCE, BIRTH CONTROL, OR CONDOMS. ALL COMPREHENSIVE HUMAN
SEXUALITY EDUCATION MUST STRESS THE IMPORTANCE OF THE CORRECT
AND CONSISTENT USE OF SEXUAL ABSTINENCE, BIRTH CONTROL, AND
CONDOMS TO PREVENT PREGNANCY AND SEXUALLY TRANSMITTED
INFECTIONS;
(VI) THE DECISIONS AN INDIVIDUAL MAKES REGARDING HIS OR HER
SEXUAL AND REPRODUCTIVE HEALTH IMPACT THE PUBLIC HEALTH AND
WELFARE OF THE COMMUNITY IN WHICH THE INDIVIDUAL LIVES;

(VII) WHEN COMPARED TO THE NATIONAL AVERAGE, COLORADO

HAS A LOWER RATE OF TEEN BIRTHS AND A LOWER RATE OF CERTAIN
SEXUALLY TRANSMITTED INFECTIONS, ACCORDING TO THE CENTERS FOR
DISEASE CONTROL AND PREVENTION AND THE COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT. IN SPITE OF THIS DATA, COLORADO
YOUTH STILL FACE MANY BARRIERS IN OBTAINING THE MEDICALLY
ACCURATE INFORMATION AND RESOURCES THEY NEED TO MAKE INFORMED
AND RESPONSIBLE DECISIONS AND LEAD HEALTHY LIVES.

PAGE 2-HOUSE BILL 13-1081

(VIII) ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND

PREVENTION, EVIDENCE-BASED, MEDICALLY ACCURATE, AGE-APPROPRIATE,
CULTURALLY SENSITIVE, AND COMPREHENSIVE SEXUALITY EDUCATION
PROGRAMS HAVE BEEN PROVEN TO HELP YOUTH DELAY THE ONSET OF
SEXUAL ACTIVITY, DECREASE THE FREQUENCY OF SEXUAL ACTIVITY, REDUCE
THE NUMBER OF SEXUAL PARTNERS, AND INCREASE CONDOM AND
CONTRACEPTIVE USE;
(IX) SEXUAL VIOLENCE AND TEEN DATING VIOLENCE IS A PERVASIVE
AND SERIOUS PUBLIC HEALTH ISSUE, PLACING TEEN VICTIMS AT INCREASED
RISK FOR ADOLESCENT PREGNANCY, SEXUALLY TRANSMITTED DISEASES AND
INFECTIONS, LOW ACADEMIC PERFORMANCE, TRUANCY, DROPOUT, AND
OTHER HARMFUL BEHAVIORS;
(X) ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND
PREVENTION, THESE CHANGES IN BEHAVIOR HELP PREVENT UNINTENDED
PREGNANCY AND THE SPREAD OF SEXUALLY TRANSMITTED INFECTIONS;
(XI) THE COLORADO GENERAL ASSEMBLY PASSED HOUSE BILL
07-1292, ENACTED IN 2007, TO ESTABLISH CONTENT STANDARDS FOR THE
PROVISION OF HUMAN SEXUALITY COURSES TAUGHT IN PUBLIC SCHOOLS
THROUGHOUT THE STATE;

(XII) THE COLORADO GENERAL ASSEMBLY PASSED THE "PUBLIC

HEALTH REAUTHORIZATION ACT", SENATE BILL 08-194, ENACTED IN 2008,
TO CREATE A STATEWIDE PUBLIC HEALTH IMPROVEMENT PLAN TO ELIMINATE
GEOGRAPHIC-BASED AND OTHER DISPARITIES IN THE ACCESSIBILITY AND
AVAILABILITY OF SERVICES THROUGH THE STATE'S PUBLIC HEALTH
AGENCIES;

THE COLORADO GENERAL ASSEMBLY PASSED THE

"EDUCATION ALIGNMENT ACT", SENATE BILL 08-212, ENACTED IN 2008,
(XIII)

WHICH STATES THAT ALL SCHOOL DISTRICT STANDARDS MUST MEET OR

EXCEED ESTABLISHED STATE STANDARDS, AND THAT SCHOOL DISTRICTS
MUST ADOPT CURRICULUM AND ASSESSMENTS THAT ARE CONSISTENT WITH
THESE STANDARDS; AND

(XIV) IN 2009, THE COLORADO STATE BOARD OF EDUCATION

ADOPTED ACADEMIC CONTENT STANDARDS FOR COMPREHENSIVE HEALTH
EDUCATION THAT SUPPORT YOUTH IN MAKING INFORMED AND RESPONSIBLE
PAGE 3-HOUSE BILL 13-1081

DECISIONS ABOUT THEIR HEALTH AND IN HAVING ACCESS TO THE TOOLS

THEY NEED TO LIVE HEALTHY LIVES.

(b) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:

(I) THERE IS A NEED TO CONTINUE AND EXPAND EFFORTS TO ENSURE
THAT ALL YOUNG PEOPLE IN COLORADO HAVE ACCESS TO EVIDENCE-BASED,
MEDICALLY ACCURATE, CULTURALLY SENSITIVE, AND AGE-APPROPRIATE
COMPREHENSIVE SEXUALITY EDUCATION, INFORMATION, AND RESOURCES TO
GUIDE THEM IN MAKING INFORMED DECISIONS ABOUT THEIR HEALTH AND
RELATIONSHIPS. ADDITIONALLY, SCHOOLS NEED TO PROMOTE HEALTHY
RELATIONSHIPS THROUGH AGE-APPROPRIATE, CULTURALLY SENSITIVE, AND
COMPREHENSIVE HUMAN SEXUALITY EDUCATION, INCLUDING PROVIDING
INFORMATION AND RESOURCES FOR EARLY INTERVENTION AND RESPONSE
STRATEGIES TO TEEN DATING VIOLENCE.

(II) THE STATE OF COLORADO AND ELIGIBLE STATE AGENCIES AND

OTHER ORGANIZATIONS MUST PURSUE FUNDING AND OTHER FEDERAL
SUPPORT TO IMPLEMENT COMPREHENSIVE HUMAN SEXUALITY EDUCATION
PROGRAMS;

(III) THE

PROVISIONS OF SEXUAL AND REPRODUCTIVE HEALTH

EDUCATION THAT INCORPORATE COMPREHENSIVE, EVIDENCE-BASED,
CULTURALLY SENSITIVE, AND AGE-APPROPRIATE STANDARDS CAN RESULT
IN YOUTH DELAYING SEXUAL ACTIVITY UNTIL THEY ARE READY, AVOIDING
UNWANTED CONSEQUENCES OF SEXUAL BEHAVIOR, LEARNING MEDICALLY
ACCURATE INFORMATION ABOUT THEIR HEALTH, AND PROMOTING POSITIVE
YOUTH-FRIENDLY MESSAGES CONCERNING GROWTH, DEVELOPMENT, BODY
IMAGE, GENDER ROLES, AND ALL ASPECTS RELATED TO HEALTHY, SAFE
RELATIONSHIPS AND SEXUAL BEHAVIOR; AND

(IV) BROAD-BASED COMMUNITY PARTNERSHIPS ARE ESSENTIAL

WHEN DEVELOPING POLICIES AND IMPLEMENTING PROGRAMS THAT AFFECT
THE SEXUAL AND REPRODUCTIVE HEALTH OF COLORADO'S YOUTH.
(2) AS
REQUIRES:

USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE

(a) "AGE-APPROPRIATE" MEANS TOPICS, MESSAGES, AND TEACHING

METHODS SUITABLE TO A PARTICULAR AGE OR AGE GROUP, BASED ON
PAGE 4-HOUSE BILL 13-1081

DEVELOPING COGNITIVE, EMOTIONAL, AND BEHAVIORAL CAPACITY TYPICAL

FOR THE AGE OR AGE GROUP.
HUMAN SEXUALITY EDUCATION" MEANS
MEDICALLY ACCURATE INFORMATION ABOUT ALL METHODS TO PREVENT
UNINTENDED PREGNANCY AND SEXUALLY TRANSMITTED DISEASES AND
INFECTIONS, INCLUDING HIV AND AIDS, AND THE LINK BETWEEN HUMAN
PAPILLOMAVIRUS AND CANCER, AND OTHER TYPES OF CANCER INVOLVING
THE HUMAN REPRODUCTIVE SYSTEMS, INCLUDING BUT NOT LIMITED TO
PROSTATE, TESTICULAR, OVARIAN, AND UTERINE CANCER. METHODS MUST
INCLUDE INFORMATION ABOUT THE CORRECT AND CONSISTENT USE OF
ABSTINENCE, CONTRACEPTION, CONDOMS, AND OTHER BARRIER METHODS.
ADDITIONAL CONTENTS OF COMPREHENSIVE HUMAN SEXUALITY EDUCATION
MUST INCLUDE:

(b)

"COMPREHENSIVE

(I) ENCOURAGING FAMILY COMMUNICATION ABOUT SEXUALITY;

ON THE DEVELOPMENT OF SAFE RELATIONSHIPS,
INCLUDING THE PREVENTION OF SEXUAL VIOLENCE IN DATING AND TEACHING
YOUNG PEOPLE HOW TO RECOGNIZE AND RESPOND SAFELY AND EFFECTIVELY
IN SITUATIONS WHERE SEXUAL OR PHYSICAL VIOLENCE MAY BE OCCURRING
OR WHERE THERE MAY BE A RISK FOR THESE BEHAVIORS TO OCCUR; AND

(II) FOCUSING

(III) TEACHING YOUNG PEOPLE HOW ALCOHOL AND DRUG USE CAN
AFFECT RESPONSIBLE DECISION-MAKING.
SENSITIVE" MEANS THE INTEGRATION OF
KNOWLEDGE ABOUT INDIVIDUALS AND GROUPS OF PEOPLE INTO SPECIFIC
STANDARDS, REQUIREMENTS, POLICIES, PRACTICES, AND ATTITUDES USED TO
INCREASE THE QUALITY OF SERVICES. "CULTURALLY SENSITIVE" INCLUDES
RESOURCES, REFERENCES, AND INFORMATION THAT ARE MEANINGFUL TO THE
EXPERIENCES AND NEEDS OF COMMUNITIES OF COLOR; IMMIGRANT
COMMUNITIES; LESBIAN, GAY, BISEXUAL, AND TRANSGENDER COMMUNITIES;
PEOPLE WITH PHYSICAL OR INTELLECTUAL DISABILITIES; PEOPLE WHO HAVE
EXPERIENCED SEXUAL VICTIMIZATION; AND OTHERS WHOSE EXPERIENCES
HAVE TRADITIONALLY BEEN LEFT OUT OF SEXUAL HEALTH EDUCATION,
PROGRAMS, AND POLICIES.

(c)

"CULTURALLY

(d) "EVIDENCE-BASED PROGRAM" MEANS A PROGRAM THAT:

PAGE 5-HOUSE BILL 13-1081

(I)

WAS

EVALUATED USING A RIGOROUS RESEARCH DESIGN,

INCLUDING:

(A) MEASURING KNOWLEDGE, ATTITUDE, AND BEHAVIOR;

(B) HAVING AN ADEQUATE SAMPLE SIZE;
(C) USING SOUND RESEARCH METHODS AND PROCESSES;
(D) REPLICATING IN DIFFERENT LOCATIONS AND FINDING SIMILAR
EVALUATION RESULTS; AND
(E) PUBLISHING RESULTS IN A PEER-REVIEWED JOURNAL;
(II) RESEARCH HAS SHOWN TO BE EFFECTIVE IN CHANGING AT LEAST
ONE OF THE FOLLOWING BEHAVIORS THAT CONTRIBUTE TO EARLY
PREGNANCY AND, SEXUALLY TRANSMITTED INFECTIONS, INCLUDING HIV:

(A) DELAYING SEXUAL INITIATION;

(B) REDUCING THE FREQUENCY OF SEXUAL INTERCOURSE;
(C) REDUCING THE NUMBER OF SEXUAL PARTNERS; OR
(D)

INCREASING
CONTRACEPTIVES.

THE

USE

OF

CONDOMS

AND

OTHER

(e) "POSITIVE YOUTH DEVELOPMENT" MEANS AN APPROACH THAT

EMPHASIZES THE MANY POSITIVE ATTRIBUTES OF YOUNG PEOPLE AND
FOCUSES ON DEVELOPING INHERENT STRENGTHS AND ASSETS TO PROMOTE
HEALTH. POSITIVE YOUTH DEVELOPMENT IS CULTURALLY SENSITIVE,
INCLUSIVE OF ALL YOUTH, COLLABORATIVE, AND STRENGTH-BASED.

(f) "SEXUAL ABSTINENCE" MEANS NOT ENGAGING IN ORAL, VAGINAL,

OR ANAL INTERCOURSE OR GENITAL SKIN-TO-SKIN CONTACT.
(3) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (6) OF THIS
SECTION, A SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES, CHARTER
SCHOOL, OR INSTITUTE CHARTER SCHOOL THAT OFFERS A PLANNED
CURRICULUM THAT

INCLUDES COMPREHENSIVE

PAGE 6-HOUSE BILL 13-1081

HUMAN SEXUALITY

EDUCATION SHALL PROVIDE TO THE PARENT OR GUARDIAN OF EACH

STUDENT, PRIOR TO COMMENCING THE PLANNED CURRICULUM:

(a) WRITTEN NOTIFICATION OF THE ABILITY TO EXCUSE A STUDENT,

WITHOUT PENALTY OR ADDITIONAL ASSIGNMENT, FROM THAT PORTION OF
THE PLANNED CURRICULUM THAT INCLUDES COMPREHENSIVE HUMAN
SEXUALITY EDUCATION, UPON THE WRITTEN REQUEST OF THE STUDENT'S
PARENT OR GUARDIAN; AND

(b)

DETAILED, SUBSTANTIVE OUTLINE OF THE TOPICS AND

MATERIALS TO BE PRESENTED IN THAT PORTION OF THE PLANNED
CURRICULUM RELATED TO COMPREHENSIVE HUMAN SEXUALITY EDUCATION.

(4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN

ACT OR PROCEDURE IN ADDITION TO THE SIGNATURE OF THE PARENT OR
GUARDIAN TO EXCUSE A STUDENT FROM A PLANNED CURRICULUM RELATED
TO COMPREHENSIVE HUMAN SEXUALITY EDUCATION.
SCHOOL DISTRICT BOARD OF EDUCATION, BOARD OF
COOPERATIVE SERVICES, CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL
IS ENCOURAGED TO DISSEMINATE POLICIES OR INSTRUCTIONS TO THE PUBLIC
SCHOOLS OF THE SCHOOL DISTRICT, OR BOARD OF COOPERATIVE SERVICES,
OR APPROPRIATE STAFF OF THE CHARTER SCHOOL OR INSTITUTE CHARTER
SCHOOL TO ENSURE THE IMPLEMENTATION OF THE PROVISIONS OF THIS
SECTION IN A MANNER THAT WILL NOT DRAW UNDUE ATTENTION TO, NOR
CAUSE UNDUE EMBARRASSMENT FOR, STUDENTS EXCUSED FROM A PLANNED
CURRICULUM RELATED TO COMPREHENSIVE HUMAN SEXUALITY EDUCATION.

(5) EACH

(6) EXCEPT AS DESCRIBED IN SUBSECTION (9) OF THIS SECTION, A

SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES, CHARTER SCHOOL, OR
INSTITUTE CHARTER SCHOOL THAT OFFERS A PLANNED CURRICULUM
RELATED TO COMPREHENSIVE HUMAN SEXUALITY EDUCATION MUST, IN
OFFERING SUCH A CURRICULUM, MAINTAIN ESTABLISHED REQUIREMENTS FOR
THE COMPREHENSIVE HUMAN SEXUALITY CURRICULUM . T HESE
REQUIREMENTS MUST:

(a)

ENCOURAGE
COMMUNICATION;

PARENTAL

INVOLVEMENT

AND

FAMILY

(b) INCLUDE MEDICALLY ACCURATE INFORMATION ABOUT METHODS

PAGE 7-HOUSE BILL 13-1081

TO PREVENT UNINTENDED PREGNANCY AND SEXUALLY TRANSMITTED

INFECTIONS, INCLUDING HIV/AIDS, AND THE LINK BETWEEN HUMAN
PAPILLOMAVIRUS AND CANCER. METHODS SHALL INCLUDE INFORMATION
ABOUT THE CORRECT AND CONSISTENT USE OF ABSTINENCE ,
CONTRACEPTION, CONDOMS, AND OTHER BARRIER METHODS.

(c) INCLUDE INSTRUCTION TO HELP STUDENTS DEVELOP SKILLS FOR

MAKING RESPONSIBLE AND HEALTHY DECISIONS ABOUT HUMAN SEXUALITY,
PERSONAL POWER, BOUNDARY SETTING, DEVELOPING SAFE AND HEALTHY
RELATIONSHIPS, AND RESISTING PEER PRESSURE, INCLUDING HOW TO AVOID:
(I) MAKING UNWANTED VERBAL, PHYSICAL, AND SEXUAL ADVANCES;
AND

(II) MAKING ASSUMPTIONS ABOUT A PERSON'S SUPPOSED SEXUAL

INTENTIONS BASED ON THAT PERSON'S APPEARANCE;
(d) INCLUDE DISCUSSIONS AND INFORMATION ON HOW TO RECOGNIZE
AND RESPOND SAFELY AND EFFECTIVELY IN SITUATIONS WHERE SEXUAL OR
PHYSICAL VIOLENCE MAY BE OCCURRING OR WHERE THERE MAY BE A RISK
FOR THESE BEHAVIORS TO OCCUR;

(e) INCLUDE DISCUSSION OF HOW ALCOHOL AND DRUG USE IMPAIRS

RESPONSIBLE AND HEALTHY DECISION-MAKING;
(f) BE COMPREHENSIVE, AGE-APPROPRIATE, EVIDENCE-BASED,
CULTURALLY SENSITIVE, INCLUSIVE OF A POSITIVE YOUTH DEVELOPMENT
FRAMEWORK, AND MEDICALLY ACCURATE;
(g)

PROVIDE

INSTRUCTION ABOUT THE HEALTH BENEFITS AND

POTENTIAL SIDE EFFECTS OF USING CONTRACEPTIVES AND BARRIER METHODS
TO PREVENT PREGNANCY, INCLUDING INSTRUCTION REGARDING EMERGENCY
CONTRACEPTION AND THE AVAILABILITY OF CONTRACEPTIVE METHODS; AND

(h) FOR SCHOOL DISTRICTS THAT HAVE ESTABLISHED A CHARACTER

EDUCATION PROGRAM PURSUANT TO SECTION 22-29-103, PROMOTE THE
GUIDELINES OF BEHAVIOR ESTABLISHED IN THE CHARACTER EDUCATION
PROGRAM.

(7)

NOTHING

IN SUBSECTION

PAGE 8-HOUSE BILL 13-1081

(6)

OF THIS SECTION SHALL BE

INTERPRETED TO PROHIBIT DISCUSSION OF HEALTH, MORAL, ETHICAL, OR

RELIGIOUS VALUES AS THEY PERTAIN TO COMPREHENSIVE HUMAN
SEXUALITY, HEALTHY RELATIONSHIPS, OR FAMILY FORMATION.

(8) PUBLIC SCHOOLS, SCHOOL DISTRICTS, BOARDS OF COOPERATIVE

SERVICES, CHARTER SCHOOLS, AND INSTITUTE CHARTER SCHOOLS ARE
ENCOURAGED TO INVOLVE TEACHERS, SCHOOL NURSES, PARENTS, AND
COMMUNITY MEMBERS IN THE DEVELOPMENT OF THE REQUIREMENTS FOR
COMPREHENSIVE HUMAN SEXUALITY CURRICULUM REQUIRED BY
SUBSECTION (6) OF THIS SECTION AND TO INTEGRATE AVAILABLE
COMMUNITY RESOURCES INTO PROGRAMS RELATED TO COMPREHENSIVE
HUMAN SEXUALITY EDUCATION.
SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES,
CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL THAT HAS RECEIVED,
PRIOR TO JULY 1, 2013, DIRECT OR INDIRECT FUNDING FROM THE FEDERAL
GOVERNMENT FOR THE PROVISION OF AN ABSTINENCE EDUCATION PROGRAM
PURSUANT TO 42 U.S.C. SEC. 710 IS NOT REQUIRED TO ADOPT
REQUIREMENTS FOR COMPREHENSIVE HUMAN SEXUALITY CURRICULUM FOR
THE PROVISION OF SUCH INSTRUCTION AS DESCRIBED IN THIS SECTION FOR
THE YEAR OR YEARS FOR WHICH THE SCHOOL DISTRICT, BOARD OF
COOPERATIVE SERVICES, CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL
RECEIVED SUCH FUNDING. ON JULY 1, 2013, OR THEREAFTER, A SCHOOL
DISTRICT, BOARD OF COOPERATIVE SERVICES, CHARTER SCHOOL, OR
INSTITUTE CHARTER SCHOOL SHALL NOT USE ANY DIRECT OR INDIRECT
FUNDING FROM THE FEDERAL GOVERNMENT FOR THE PROVISION OF AN
ABSTINENCE EDUCATION PROGRAM PURSUANT TO 42 U.S.C. SEC. 710. A
SCHOOL DISTRICT, BOARD OF COOPERATIVE SERVICES, CHARTER SCHOOL, OR
INSTITUTE CHARTER SCHOOL MAY USE FEDERAL MONEYS FOR HUMAN
SEXUALITY EDUCATION, AS LONG AS THE HUMAN SEXUALITY PROGRAM OF
THE SCHOOL DISTRICT BOARD OF COOPERATIVE SERVICES, CHARTER SCHOOL,
OR INSTITUTE CHARTER SCHOOL MEETS THE COMPREHENSIVE HUMAN
SEXUALITY EDUCATION MODEL SET FORTH IN THIS SECTION.

(9)

(10) NOTHING

IN THIS SECTION SHALL REQUIRE AMENDING ANY

CONTENT STANDARDS RELATED TO COMPREHENSIVE HUMAN SEXUALITY
EDUCATION DEVELOPED BY THE DEPARTMENT AND ADOPTED BY THE STATE
BOARD PRIOR TO JULY 1, 2013.

(11)

THE

PROVISIONS OF THIS SECTION SHALL NOT APPLY TO

PAGE 9-HOUSE BILL 13-1081

STUDENTS IN KINDERGARTEN THROUGH THIRD GRADE UNLESS THE CONTENT

OF THE INSTRUCTION RELATES TO PERSONAL HYGIENE, HEALTHY HABITS,
RESPECTING PERSONAL SPACE AND BOUNDARIES, INTERPERSONAL
COMMUNICATION SKILLS, AND PERSONAL SAFETY, AS IDENTIFIED IN THE
CONTENT STANDARDS DEVELOPED BY THE DEPARTMENT AND ADOPTED BY
THE STATE BOARD.

SECTION 3. In Colorado Revised Statutes, add article 44 to title

25 as follows:
ARTICLE 44
Comprehensive Human Sexuality Education Grant Program
25-44-101. Definitions. AS

USED IN THIS ARTICLE, UNLESS THE

CONTEXT OTHERWISE REQUIRES:

(1) "AGE-APPROPRIATE" MEANS TOPICS, MESSAGES, AND TEACHING

METHODS SUITABLE TO A PARTICULAR AGE OR AGE GROUP, BASED ON
DEVELOPING COGNITIVE, EMOTIONAL, AND BEHAVIORAL CAPACITY TYPICAL
FOR THE AGE OR AGE GROUP.
(2) "CASH FUND" MEANS THE COMPREHENSIVE HUMAN SEXUALITY
EDUCATION GRANT PROGRAM CASH FUND CREATED IN SECTION 25-44-104.
HUMAN SEXUALITY EDUCATION" MEANS
MEDICALLY ACCURATE INFORMATION ABOUT ALL METHODS TO PREVENT
UNINTENDED PREGNANCY AND SEXUALLY TRANSMITTED DISEASES AND
INFECTIONS, INCLUDING HIV AND AIDS, AND THE LINK BETWEEN HUMAN
PAPILLOMAVIRUS AND CANCER, AND OTHER TYPES OF CANCER INVOLVING
THE HUMAN REPRODUCTIVE SYSTEMS, INCLUDING BUT NOT LIMITED TO
PROSTATE, TESTICULAR, OVARIAN, AND UTERINE CANCER. METHODS MUST
INCLUDE INFORMATION ABOUT THE CORRECT AND CONSISTENT USE OF
ABSTINENCE, CONTRACEPTION, CONDOMS, AND OTHER BARRIER METHODS.
ADDITIONAL CONTENTS OF COMPREHENSIVE HUMAN SEXUALITY EDUCATION
MUST INCLUDE:

(3)

"COMPREHENSIVE

(a) ENCOURAGING FAMILY COMMUNICATION ABOUT SEXUALITY;

(b) TEACHING YOUNG PEOPLE TO AVOID MAKING UNWANTED
VERBAL, PHYSICAL, AND SEXUAL ADVANCES;
PAGE 10-HOUSE BILL 13-1081

(c) DISCUSSIONS AND INFORMATION ON HOW TO RECOGNIZE AND

RESPOND SAFELY AND EFFECTIVELY IN SITUATIONS WHERE SEXUAL OR
PHYSICAL VIOLENCE MAY BE OCCURRING OR WHERE THERE MAY BE A RISK
FOR THESE BEHAVIORS TO OCCUR;
ON THE DEVELOPMENT OF SAFE RELATIONSHIPS,
INCLUDING THE PREVENTION OF SEXUAL VIOLENCE IN DATING; AND

(d) FOCUSING

(e) TEACHING YOUNG PEOPLE HOW ALCOHOL AND DRUG USE CAN
AFFECT RESPONSIBLE DECISION-MAKING.
SENSITIVE" MEANS THE INTEGRATION OF
KNOWLEDGE ABOUT INDIVIDUALS AND GROUPS OF PEOPLE INTO SPECIFIC
STANDARDS, REQUIREMENTS, POLICIES, PRACTICES, AND ATTITUDES USED TO
INCREASE THE QUALITY OF SERVICES. "CULTURALLY SENSITIVE" INCLUDES
RESOURCES, REFERENCES, AND INFORMATION THAT ARE MEANINGFUL TO THE
EXPERIENCES AND NEEDS OF COMMUNITIES OF COLOR; IMMIGRANT
COMMUNITIES; LESBIAN, GAY, BISEXUAL, AND TRANSGENDER COMMUNITIES;
PEOPLE WITH PHYSICAL OR INTELLECTUAL DISABILITIES; PEOPLE WHO HAVE
EXPERIENCED SEXUAL VICTIMIZATION; AND OTHERS WHOSE EXPERIENCES
HAVE TRADITIONALLY BEEN LEFT OUT OF SEXUAL HEALTH EDUCATION,
PROGRAMS, AND POLICIES.

(4)

"CULTURALLY

(5) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH

AND ENVIRONMENT, CREATED AND EXISTING PURSUANT TO SECTION
25-1-101.5.
(6) "EVIDENCE-BASED PROGRAM" MEANS A PROGRAM THAT:
(a)

WAS

EVALUATED USING A RIGOROUS RESEARCH DESIGN,

INCLUDING:

(I) MEASURING KNOWLEDGE, ATTITUDE, AND BEHAVIOR;

(II) HAVING AN ADEQUATE SAMPLE SIZE;
(III) USING SOUND RESEARCH METHODS AND PROCESSES;
(IV) REPLICATING IN DIFFERENT LOCATIONS AND FINDING SIMILAR
EVALUATION RESULTS; AND
PAGE 11-HOUSE BILL 13-1081

(V) PUBLISHING RESULTS IN A PEER-REVIEWED JOURNAL;

(b) RESEARCH HAS SHOWN TO BE EFFECTIVE IN CHANGING AT LEAST
ONE OF THE FOLLOWING BEHAVIORS THAT CONTRIBUTE TO EARLY
PREGNANCY, SEXUALLY TRANSMITTED INFECTIONS AND DISEASE, AND HIV
INFECTION:

(I) DELAYING SEXUAL INITIATION;

(II) REDUCING THE FREQUENCY OF SEXUAL INTERCOURSE;
(III) REDUCING THE NUMBER OF SEXUAL PARTNERS; OR
(IV)

INCREASING
CONTRACEPTIVES.

THE

USE

OF

CONDOMS

AND

OTHER

(7) "OVERSIGHT ENTITY" MEANS THE INTERAGENCY YOUTH SEXUAL

HEALTH TEAM CREATED IN SECTION 25-44-103.
(8) "POSITIVE YOUTH DEVELOPMENT" MEANS AN APPROACH THAT
EMPHASIZES THE MANY POSITIVE ATTRIBUTES OF YOUNG PEOPLE AND
FOCUSES ON DEVELOPING INHERENT STRENGTHS AND ASSETS TO PROMOTE
HEALTH. POSITIVE YOUTH DEVELOPMENT IS CULTURALLY SENSITIVE,
AGE-APPROPRIATE, INCLUSIVE OF ALL YOUTH, COLLABORATIVE, AND
STRENGTH-BASED.
(9) "PROGRAM" MEANS THE

COMPREHENSIVE HUMAN SEXUALITY

EDUCATION GRANT PROGRAM CREATED IN SECTION 25-44-102.

(10) "PUBLIC SCHOOL" MEANS A SCHOOL OF A SCHOOL DISTRICT, A

DISTRICT CHARTER SCHOOL, AN INSTITUTE CHARTER SCHOOL, A FACILITY
SCHOOL, OR A BOARD OF COOPERATIVE SERVICES, AS DEFINED IN SECTION
22-5-103.
(11) "STATE BOARD" MEANS THE STATE BOARD OF HEALTH CREATED
PURSUANT TO SECTION 25-1-103.
25-44-102. Comprehensive human sexuality education grant
program - creation - application for federal moneys - notification to
schools - rules. (1) THERE IS HEREBY CREATED IN THE DEPARTMENT THE
PAGE 12-HOUSE BILL 13-1081

COMPREHENSIVE HUMAN SEXUALITY EDUCATION GRANT PROGRAM. THE

PURPOSE OF THE PROGRAM IS TO PROVIDE MONEYS TO PUBLIC SCHOOLS AND
SCHOOL DISTRICTS FOR USE IN THE CREATION AND IMPLEMENTATION OF
COMPREHENSIVE HUMAN SEXUALITY EDUCATION PROGRAMS IN THEIR
CURRICULUM.

(2) UPON RECEIPT OF FEDERAL MONEYS OR OTHER APPROPRIATIONS

TO THE CASH FUND, THE DEPARTMENT, IN CONJUNCTION WITH THE
OVERSIGHT ENTITY, SHALL NOTIFY THE SCHOOL DISTRICTS, THE STATE
CHARTER SCHOOL INSTITUTE, AND BOARDS OF COOPERATIVE SERVICES
THROUGHOUT THE STATE OF GRANTS AVAILABLE THROUGH THE PROGRAM.
(3) BASED ON THE RECOMMENDATIONS OF THE OVERSIGHT ENTITY,
THE DEPARTMENT SHALL AWARD GRANTS TO PUBLIC SCHOOLS AND SCHOOL
DISTRICTS FOR PERIODS OF ONE TO THREE YEARS.
(4)

MONEYS

DISTRIBUTED TO PUBLIC SCHOOLS AND SCHOOL

DISTRICTS THROUGH THE PROGRAM MUST ONLY BE USED FOR THE PROVISION
OF COMPREHENSIVE HUMAN SEXUALITY EDUCATION PROGRAMS THAT
COMPLY WITH THE PROVISIONS OF AND MEET OR EXCEED THE REQUIREMENTS
FOR COMPREHENSIVE HUMAN SEXUALITY CURRICULUM SET FORTH IN
SECTION 22-1-128, C.R.S., AND DEVELOPED PURSUANT TO SECTION

22-25-104 (3), C.R.S.

(5) ON OR BEFORE DECEMBER 1, 2013, OR NOT MORE THAN NINETY
DAYS AFTER THE DEPARTMENT RECEIVES SUFFICIENT MONEYS TO IMPLEMENT
THE PROGRAM, WHICHEVER IS LATER, THE STATE BOARD SHALL
PROMULGATE RULES FOR THE ADMINISTRATION OF THIS ARTICLE, USING THE
RECOMMENDATIONS DEVELOPED BY THE OVERSIGHT ENTITY PURSUANT TO
SECTION 25-44-103 (2) (b).

(6) ON OR BEFORE JANUARY 30, 2017, AND EVERY YEAR

THEREAFTER IN WHICH GRANTS HAVE BEEN AWARDED PURSUANT TO THIS
ARTICLE, THE DEPARTMENT SHALL SUBMIT A REPORT CONCERNING THE
OUTCOMES OF THE PROGRAM TO THE STATE BOARD OF EDUCATION, THE
DEPARTMENT OF EDUCATION, AND THE EDUCATION COMMITTEES OF THE
SENATE AND HOUSE OF REPRESENTATIVES, THE HEALTH AND HUMAN
SERVICES COMMITTEE OF THE SENATE, AND THE PUBLIC HEALTH CARE AND
HUMAN SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR ANY
SUCCESSOR COMMITTEES. THE REPORT MUST INCLUDE, AT A MINIMUM:
PAGE 13-HOUSE BILL 13-1081

(a) THE NUMBER OF PUBLIC SCHOOLS AND SCHOOL DISTRICTS THAT

RECEIVED A GRANT UNDER THE PROGRAM;
(b) THE
UTILIZED;

NUMBER OF STUDENTS REACHED AND THE CURRICULUM

(c) THE AMOUNT OF EACH GRANT AWARDED;

(d) THE AVERAGE AMOUNT OF ALL GRANTS AWARDED; AND
(e) THE SOURCE AND AMOUNT OF EACH GIFT, GRANT, OR DONATION
RECEIVED BY THE DEPARTMENT FOR THE IMPLEMENTATION OF THIS ARTICLE.
(7) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE
DEPARTMENT SHALL NOT BE REQUIRED TO IMPLEMENT THE PROVISIONS OF
THIS ARTICLE UNTIL SUFFICIENT MONEYS HAVE BEEN RECEIVED AND
TRANSFERRED OR APPROPRIATED TO THE CASH FUND.

(8) THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO STUDENTS

IN KINDERGARTEN THROUGH THIRD GRADE UNLESS THE CONTENT OF THE
INSTRUCTION RELATES TO PERSONAL HYGIENE, HEALTHY HABITS,
RESPECTING PERSONAL SPACE AND BOUNDARIES, INTERPERSONAL
COMMUNICATION SKILLS, AND PERSONAL SAFETY, AS IDENTIFIED IN THE
CONTENT STANDARDS DEVELOPED BY THE DEPARTMENT OF EDUCATION AND
ADOPTED BY THE STATE BOARD OF EDUCATION.

25-44-103. Comprehensive human sexuality education grant

program - oversight entity - duties - application process. (1) ON OR
BEFORE JULY 1, 2013, THE DEPARTMENT SHALL CONVENE THE INTERAGENCY
YOUTH SEXUAL HEALTH TEAM, REFERRED TO IN THIS ARTICLE AS THE
"OVERSIGHT ENTITY". MEMBERSHIP OF THE OVERSIGHT ENTITY MUST
INCLUDE:
(a) THE

EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC

HEALTH AND ENVIRONMENT, OR HIS OR HER DESIGNEE;

(b) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH CARE

POLICY AND FINANCING, OR HIS OR HER DESIGNEE;
(c) THE COMMISSIONER OF EDUCATION, OR HIS OR HER DESIGNEE;
PAGE 14-HOUSE BILL 13-1081

(d) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN

SERVICES, OR HIS OR HER DESIGNEE; AND
(e) A PARENT REPRESENTATIVE, APPOINTED BY THE DEPARTMENT OF
HEALTH.
(2) THE OVERSIGHT ENTITY HAS THE FOLLOWING DUTIES:
(a) DURING THE 2013-14 ACADEMIC YEAR AND EVERY ACADEMIC
YEAR THEREAFTER, THE OVERSIGHT ENTITY SHALL ASSESS OPPORTUNITIES
FOR AVAILABLE FEDERAL AND STATE MONEYS TO FUND THE PROGRAM;
EXCEPT THAT THE OVERSIGHT ENTITY SHALL NOT RECOMMEND APPLYING
FOR ANY FEDERAL OR STATE MONEYS THAT PROMOTE ABSTINENCE AS THE
SOLE BEHAVIORAL METHOD FOR YOUTH OR FUNDING REQUIRING ADHERENCE
TO THE A-H GUIDELINES OF SECTION 510 (b) OF TITLE V OF THE FEDERAL
"SOCIAL SECURITY ACT", PUB. L. 104-193, WHICH ARE INCONSISTENT WITH
THE PROVISIONS OF SECTION 22-1-128, C.R.S. THE OVERSIGHT ENTITY WILL
PROVIDE INFORMATION TO THE APPROPRIATE STATE DEPARTMENTS
CONCERNING AVAILABLE FEDERAL AND STATE MONEYS RELATED TO
COMPREHENSIVE HUMAN SEXUALITY EDUCATION FUNDS FOR WHICH A GIVEN
DEPARTMENT IS ELIGIBLE TO APPLY.

(b)

TO

DEVELOP POLICIES AND PROCEDURES FOR THE

IMPLEMENTATION OF THE PROGRAM AND RECOMMEND SUCH POLICIES AND
PROCEDURES TO THE STATE BOARD FOR ADOPTION BY RULE PURSUANT TO
SECTION 25-44-102. THE POLICIES AND PROCEDURES MUST INCLUDE, BUT
ARE NOT LIMITED TO:

(I) A PROCESS BY WHICH PUBLIC SCHOOLS AND SCHOOL DISTRICTS

WILL BE NOTIFIED OF AVAILABLE PROGRAM FUNDS FOR COMPREHENSIVE
HUMAN SEXUALITY EDUCATION.

(II) THE

PROCEDURES BY WHICH PUBLIC SCHOOLS AND SCHOOL

DISTRICTS MAY APPLY FOR GRANTS PURSUANT TO THIS ARTICLE. EACH
GRANT APPLICATION MUST, AT A MINIMUM, DESCRIBE:

(A) HOW THE APPLICANT PUBLIC SCHOOL OR SCHOOL DISTRICT WILL

USE ANY AWARDED GRANT MONEYS TO PROVIDE COMPREHENSIVE HUMAN
SEXUALITY EDUCATION TO ITS STUDENT POPULATION;

PAGE 15-HOUSE BILL 13-1081

(B) HOW THE PROPOSED COMPREHENSIVE HUMAN SEXUALITY

EDUCATION PROGRAM COMPLIES WITH SECTION 22-1-128, C.R.S., AND
ARTICLE 25 OF TITLE 22, C.R.S., AND IS EVIDENCE-BASED, CULTURALLY
SENSITIVE, AND REPRESENTS POSITIVE YOUTH DEVELOPMENT PRINCIPLES;
(C) HOW MANY STUDENTS THE PUBLIC SCHOOL OR SCHOOL DISTRICT
EXPECTS TO REACH THROUGH THE COMPREHENSIVE HUMAN SEXUALITY
EDUCATION PROGRAM; AND

(D) THE LENGTH OF TIME FOR WHICH THE APPLICANT IS REQUESTING

GRANT MONEYS;
(III) CRITERIA FOR THE OVERSIGHT ENTITY TO APPLY IN SELECTING
PUBLIC SCHOOLS AND SCHOOL DISTRICTS THAT MAY RECEIVE GRANTS AND
HOW TO DETERMINE THE AMOUNT OF GRANT MONEYS TO BE AWARDED TO
EACH GRANT RECIPIENT. THE CRITERIA MUST INCLUDE A REQUIREMENT THAT
THE PROPOSED COMPREHENSIVE HUMAN SEXUALITY EDUCATION PROGRAM
COMPLIES WITH SECTIONS 22-1-128 AND 22-25-104, C.R.S., AND IS
EVIDENCE-BASED, CULTURALLY SENSITIVE, AND REPRESENTS POSITIVE
YOUTH DEVELOPMENT PRINCIPLES.
CONJUNCTION WITH THE DEPARTMENT, TO SOLICIT GRANT
APPLICATIONS FROM PUBLIC SCHOOLS AND SCHOOL DISTRICTS;

(c) IN

(d) TO REVIEW GRANT APPLICATIONS AND, BASED ON THE CRITERIA

DEVELOPED PURSUANT TO PARAGRAPH (b) OF THIS SUBSECTION (2), MAKE
RECOMMENDATIONS TO THE DEPARTMENT CONCERNING WHICH PUBLIC
SCHOOLS OR SCHOOL DISTRICTS SHOULD RECEIVE GRANTS AND IN WHAT
AMOUNT.

25-44-104. Comprehensive human sexuality education grant

program cash fund - creation - notice of funding through gifts, grants,
and donations - repeal. (1) THERE IS HEREBY ESTABLISHED IN THE STATE
TREASURY THE COMPREHENSIVE HUMAN SEXUALITY EDUCATION GRANT
PROGRAM CASH FUND. THE CASH FUND CONSISTS OF MONEYS TRANSFERRED
THERETO PURSUANT TO SUBSECTION (3) OF THIS SECTION AND ANY OTHER
MONEYS THAT MAY BE MADE AVAILABLE BY THE GENERAL ASSEMBLY. THE
MONEYS IN THE CASH FUND ARE CONTINUOUSLY APPROPRIATED TO THE
DEPARTMENT FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH
IMPLEMENTING THIS ARTICLE. ANY MONEYS NOT PROVIDED AS GRANTS MAY

PAGE 16-HOUSE BILL 13-1081

BE INVESTED BY THE STATE TREASURER AS PROVIDED IN SECTION 24-36-113,

C.R.S. ALL INTEREST AND INCOME DERIVED FROM THE INVESTMENT AND
DEPOSIT OF MONEYS IN THE CASH FUND MUST BE CREDITED TO THE CASH
FUND. ANY AMOUNT REMAINING IN THE CASH FUND AT THE END OF ANY
FISCAL YEAR MUST REMAIN IN THE CASH FUND AND MUST NOT BE CREDITED
OR TRANSFERRED TO THE GENERAL FUND OR TO ANY OTHER FUND.

(2) THE DEPARTMENT IS AUTHORIZED TO EXPEND A REASONABLE

AMOUNT OF THE MONEYS RECEIVED FOR THE PROGRAM FOR THE DIRECT AND
INDIRECT COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM, UNLESS
OTHERWISE PROVIDED BY ANY PROVISION RELATED TO THE DEPARTMENT'S
RECEIPT OF FEDERAL MONEYS THAT ARE APPLIED TO THE GRANT PROGRAM.

(3) (a) GENERAL FUND MONEYS SHALL NOT BE APPROPRIATED TO THE

CASH FUND FOR THE IMPLEMENTATION OF THIS ARTICLE.
(b) THE DEPARTMENT MAY SEEK, ACCEPT, AND EXPEND PUBLIC OR
PRIVATE GIFTS, GRANTS, AND DONATIONS FROM PUBLIC AND PRIVATE
SOURCES TO IMPLEMENT THIS ARTICLE; EXCEPT THAT THE DEPARTMENT
SHALL NOT ACCEPT A GIFT, GRANT, OR DONATION THAT IS SUBJECT TO
CONDITIONS THAT ARE INCONSISTENT WITH THE PROVISIONS OF SECTION
25-44-102 (2) OR ANY OTHER STATE LAW. THE DEPARTMENT SHALL
TRANSFER ALL PUBLIC AND PRIVATE MONEYS RECEIVED THROUGH GIFTS,
GRANTS, AND DONATIONS TO THE STATE TREASURER, WHO SHALL CREDIT
THE SAME TO THE CASH FUND.

(c) (I) IN SEEKING OR ACCEPTING A GIFT, GRANT, OR DONATION, THE

DEPARTMENT SHALL NOTIFY THE LEGISLATIVE COUNCIL STAFF WHEN IT HAS
RECEIVED ADEQUATE FUNDING THROUGH GIFTS, GRANTS, OR DONATIONS FOR
THE PROGRAM AND SHALL INCLUDE IN THE NOTIFICATION THE INFORMATION
SPECIFIED IN SECTION 24-75-1303 (3), C.R.S.

(II) THIS PARAGRAPH (c) IS REPEALED, EFFECTIVE JULY 1, 2016.

SECTION 4. In Colorado Revised Statutes, 22-25-103, add (3.1),
(3.2), and (5.7) as follows:
22-25-103. Definitions. AS
CONTEXT OTHERWISE REQUIRES:

PAGE 17-HOUSE BILL 13-1081

USED IN THIS ARTICLE, UNLESS THE

(3.1) "CULTURALLY SENSITIVE" MEANS THE INTEGRATION OF

KNOWLEDGE ABOUT INDIVIDUALS AND GROUPS OF PEOPLE INTO SPECIFIC
STANDARDS, REQUIREMENTS, POLICIES, PRACTICES, AND ATTITUDES USED TO
INCREASE THE QUALITY OF SERVICES. "CULTURALLY SENSITIVE" INCLUDES
RESOURCES, REFERENCES, AND INFORMATION THAT ARE MEANINGFUL TO THE
EXPERIENCES AND NEEDS OF COMMUNITIES OF COLOR; IMMIGRANT
COMMUNITIES; LESBIAN, GAY, BISEXUAL, AND TRANSGENDER COMMUNITIES;
PEOPLE WITH PHYSICAL OR INTELLECTUAL DISABILITIES; PEOPLE WHO HAVE
EXPERIENCED SEXUAL VICTIMIZATION; AND OTHERS WHOSE EXPERIENCES
HAVE TRADITIONALLY BEEN LEFT OUT OF SEXUAL HEALTH EDUCATION,
PROGRAMS, AND POLICIES.
(3.2) "EVIDENCE-BASED PROGRAM" MEANS A PROGRAM THAT:
(a)

WAS

EVALUATED USING A RIGOROUS RESEARCH DESIGN,

INCLUDING:

(I) MEASURING KNOWLEDGE, ATTITUDE, AND BEHAVIOR;

(II) HAVING AN ADEQUATE SAMPLE SIZE;
(III) USING SOUND RESEARCH METHODS AND PROCESSES;
(IV) REPLICATING IN DIFFERENT LOCATIONS AND FINDING SIMILAR
EVALUATION RESULTS; AND
(V) PUBLISHING RESULTS IN A PEER-REVIEWED JOURNAL;
(b) RESEARCH HAS SHOWN TO BE EFFECTIVE IN CHANGING AT LEAST
ONE OF THE FOLLOWING BEHAVIORS THAT CONTRIBUTE TO EARLY
PREGNANCY, SEXUALLY TRANSMITTED INFECTIONS, INCLUDING HIV:

(I) DELAYING SEXUAL INITIATION;

(II) REDUCING THE FREQUENCY OF SEXUAL INTERCOURSE;
(III) REDUCING THE NUMBER OF SEXUAL PARTNERS; OR
(IV)

INCREASING
CONTRACEPTIVES.

THE

PAGE 18-HOUSE BILL 13-1081

USE

OF

CONDOMS

AND

OTHER

(5.7) "POSITIVE YOUTH DEVELOPMENT" MEANS AN APPROACH THAT

EMPHASIZES THE MANY POSITIVE ATTRIBUTES OF YOUNG PEOPLE AND
FOCUSES ON DEVELOPING INHERENT STRENGTHS AND ASSETS TO PROMOTE
HEALTH. POSITIVE YOUTH DEVELOPMENT IS CULTURALLY SENSITIVE,
INCLUSIVE OF ALL YOUTH, COLLABORATIVE, AND STRENGTH-BASED.
SECTION 5. In Colorado Revised Statutes, 22-25-104, amend (3)
(a) and (6) (c); repeal (6) (b); and add (4.5) and (6) (d) as follows:
22-25-104. Colorado comprehensive health education program
- role of department of education - recommended curriculum guidelines
- allocation of funds - rules. (3) (a) With the assistance of parents, school
districts, the department of public health and environment, the Colorado
commission on higher education, and other interested parties, the
department of education shall develop recommended guidelines for the
implementation of local comprehensive health education programs and local
student wellness programs. The guidelines developed pursuant to this
subsection (3) shall MUST comply with the requirements of section
22-1-110.5 22-1-128 AND SHALL APPLY TO ALL SCHOOL DISTRICTS.
(4.5) THE DEPARTMENT OF EDUCATION SHALL IDENTIFY PROGRAMS
THAT ARE EVIDENCE-BASED, CULTURALLY SENSITIVE, AND REFLECTIVE OF
POSITIVE YOUTH DEVELOPMENT GUIDELINES FOR USE BY SCHOOL DISTRICTS
IN LOCAL COMPREHENSIVE HEALTH EDUCATION PROGRAMS RELATED TO
COMPREHENSIVE HUMAN SEXUALITY EDUCATION.

(6) (b) School officials shall receive prior written approval from a
parent or guardian before his or her child may participate in any program
discussing or teaching sexuality and human reproduction. Parents must
receive, with the written permission slip, an overview of the topics and
materials to be presented in the curriculum.
(c) The provisions of paragraph (b) (d) of this subsection (6) shall
not apply to a local comprehensive health education program provided by
a facility school.
(d) FOR THOSE SCHOOLS RECEIVING FUNDS PURSUANT TO THIS
ARTICLE, SCHOOL OFFICIALS MUST RECEIVE PRIOR WRITTEN CONSENT FROM
A PARENT OR GUARDIAN BEFORE HIS OR HER CHILD IS EXCLUDED FROM ANY
PROGRAM DISCUSSING OR TEACHING SEXUALITY AND HUMAN

PAGE 19-HOUSE BILL 13-1081

REPRODUCTION. AT LEAST TWO WEEKS PRIOR TO WHEN INSTRUCTION BEGINS

FOR SUCH A PROGRAM, EACH PARENT MUST RECEIVE AN OVERVIEW OF THE
TOPICS AND MATERIALS TO BE PRESENTED IN THE CURRICULUM AND A
WRITTEN FORM ALLOWING HIM OR HER TO DECLINE TO HAVE HIS OR HER
CHILD PARTICIPATE IN THE PROGRAM.

SECTION 6. In Colorado Revised Statutes, 22-25-110, amend (2)

(c) as follows:
22-25-110. Funding of existing programs - operation of other
health education programs. (2) Nothing in this article shall be interpreted
to require a school district or board of cooperative services to establish a
local comprehensive health education program nor shall it be interpreted to
prevent a school district or board of cooperative services from offering a
health education program which is not operated under the requirements of
this article; except that any school district or board of cooperative services
offering such a health education program shall:
(c) Unless the school district or board of cooperative services is
receiving direct or indirect funding from the federal government for the
provision of an abstinence education program pursuant to 42 U.S.C. sec.
710 as described in section 22-1-110.5 (9) 22-1-128 (9), comply with the
requirements specified in section 22-1-110.5 (5) 22-1-128 (6) regarding the
adoption of science-based content standards for instruction regarding
human sexuality.
SECTION 7. In Colorado Revised Statutes, 25.5-5-603, amend (2)
(b) (IV) as follows:
25.5-5-603. Program - teen pregnancy and dropout prevention.
(2) (b) Such services may include, but shall not be limited to, the following
services or combination of services:
(IV) Instruction concerning human sexuality; except that the
department, in providing a teen pregnancy prevention program pursuant to
the provisions of this part 6 that provides instruction concerning human
sexuality, shall adopt science-based content standards to ensure that any
instruction concerning human sexuality that is provided satisfies the
requirements of section 22-1-110.5 (5) 22-1-128 (6), C.R.S., as if the
program were provided by a school district.
PAGE 20-HOUSE BILL 13-1081

SECTION 8. Safety clause. The general assembly hereby finds,

determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.

____________________________
Mark Ferrandino
SPEAKER OF THE HOUSE
OF REPRESENTATIVES

____________________________
John P. Morse
PRESIDENT OF
THE SENATE

____________________________
Marilyn Eddins
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES

____________________________
Cindi L. Markwell
SECRETARY OF
THE SENATE

APPROVED________________________________________

_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO

PAGE 21-HOUSE BILL 13-1081